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Terms and Conditions:

 

1.General:

  • These general terms and conditions apply if the client (hereinafter referred to as "client") and the contractor (Hera N. Hunter, hereinafter referred to as "contractor") have agreed in writing to their application and validity.

 

2.Scope of the Contract:

  1. The contracting parties shall, in cooperation, define the exact conditions, framework, scope, and remuneration of the contract as detailed and in writing as possible.

  2. The client undertakes to provide the contractor with all relevant information and documents necessary for the proper fulfillment of the contract.

 

3.Purpose of Use:

  1. All graphics created by the contractor may only be used for the agreed-upon purpose.

  2. Furthermore, the client undertakes to coordinate with the contractor any further unauthorized use of the created and handed-over graphics. In case of unauthorized use of the graphics or violation of the terms and conditions and usage rights, the contractor reserves the right to object. No deadline is set for this right of objection by the contractor.

  3. If the created graphics are unlawfully used by the client beyond the agreed form, purpose, and scope, the contractor reserves the right to invoice the client for an appropriate fee.

 

4.Purchase of Products:

  1. The purchase of products is subject to the conditions applicable at the respective time.

  2. When you purchase a product: (I) you are responsible for fully reading the item description before committing to purchase it, and (II) completing an order on the Site (by completing a payment process via the "Order Now" button or similar button) may constitute a legally binding contract for the purchase of the respective product, unless these terms and conditions provide otherwise.

  3. You can select products from our product selection and add them to your shopping cart with a click on the corresponding button. Our prices are listed on the Site. We reserve the right to change our prices at any time and to correct any unintentional price errors. These changes do not affect the price for products you have purchased before. When paying, you will be shown an overview of all products you have added to the shopping cart. The overview includes the essential characteristics of each product as well as the total price for all products, the applicable sales tax (VAT)/value-added tax (VAT), and any shipping costs. On the payment page, you also have the option to review and, if necessary, change, remove, or correct the products and quantities. You can also use the editing function to identify and correct any input errors before placing your final binding order. All specified delivery times apply from receipt of your payment of the purchase price. By clicking the "Order Now" button, you place a binding order to purchase the listed products at the specified price and shipping costs. To complete the order process via the "Order Now" button, you must acknowledge these terms as legally binding for your order by checking the corresponding box beforehand.

  4. We will then send you an order confirmation by email, listing your order again, which you can then print out or save using the corresponding function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.

  5. The legally binding agreement for the purchase of the products is only concluded when we transmit an acceptance declaration to you by email or dispatch the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method – and you choose this payment method for your order – where a payment process is initiated immediately upon transmission of your order (e.g., electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed concluded when you initiate the ordering process, as described above, via the "Order Now" button.

  6. The purchase contract can be concluded in [German and English] language. After conclusion of the contract, the contractual terms will be kept by us, and you will no longer have access to them.

 

5.Number of Copies:

  1. Due to the provisions of Adobe Stock, up to 500,000 copies may be printed. Beyond that, the license must be adjusted. Therefore, the client is obliged to inform the contractor if the above-mentioned quantity is exceeded.

  2. If an element from Adobe Stock is used for multiple covers of the same series, the number of all affected copies is decisive.

  3. The costs of the adjusted license are borne by the client. The prices of the extended licenses are available on the Adobe website.

  4. The already used element from Adobe Stock will not be used a second time outside of a series of novels.

 

6.Assets:

  1. All main elements used by the contractor for creating the graphics are acquired from the following stock providers:

    • Adobe Stock

    • Freepik

    • Creative Fabrica

  2. Product identification numbers will be provided to the client upon delivery of the cover.

  3. Some of these acquired elements have been created by artificial intelligence. The rights of other artists must not be violated according to the terms and conditions of the stock providers. If illustrations resemble real people but do not have model releases, they must first be cleared by, for example, Adobe.

  4. Some covers may be drawn by the contractor.

  5. The backgrounds of fewer covers have been created by artificial intelligence. Due to their abstract style, there are no recognizable features to works of other artists. Upon request, these backgrounds can be replaced by a licensed or contractor-drawn background.

 

7.Copyrights:

  1. The sole copyrights of the graphics created on behalf belong to the contractor. The client is granted (simple) usage rights (see enclosed terms of use of the created graphics).

  2. Graphics created by the contractor may only be transferred to third parties with the express and written consent of the contractor.

  3. Graphics created by the contractor may only be modified by the contractor within two years after completion of the contract in any form. Imitations are not granted in any way.

  4. Graphics created by the contractor may only be used as a whole. Cutting out individual elements, overlaying the graphics with filters, and changing the colors of the graphics are not permitted.

  5. Drafts may not be used and (e.g., published on social media channels). The client may only use the final version to which the client has given consent.

 

8.Confidentiality:

  1. The contractor treats all internal processes and information received from clients strictly confidential. Order-related documents are only made available to a third party with the client's consent.

  2. The contractor works under the pseudonym Hera N. Hunter. Only the client will be provided with the contractor's real name. The client is not authorized to disclose the contractor's real name to a third party.

 

9.Right of Withdrawal:

  1. If the agreed delivery time is exceeded solely due to the fault of the contractor, the client is entitled to withdraw from the contract in writing by email.

  2. Force majeure, third-party fault, natural disasters, political unrest, etc., relieve the contractor of the obligation to deliver. The contracting parties may agree on a new delivery time.

  3. Cancellations by the client must be notified in writing by email but require the contractor's consent.

  4. The contractor reserves the right to charge a percentage cancellation fee if costs have been incurred due to services already provided.

  5. Cancellation fees amount to 10 percent of the net order value.

  6. Cancellation within 24 hours after acceptance of the order is granted free of charge.

  7. The contractor reserves the right to withdraw from the order if the cooperation between the client and the contractor proves to be difficult/not productive.

 

10.Place and Time of Performance:

  1. All graphics created by the contractor will be provided to the client digitally and in a zip file. Currently, these files are sent to the client via the WeTransfer website.

  2. The contracting parties agree on an individually appropriate delivery period corresponding to the scope of the project.

  3. The delivery period begins upon acceptance of the order, provided that the contractor has all relevant documents and information at that time.

  4. The agreed delivery time must be adhered to by the contractor in principle.

  5. Delays in delivery attributable to the contractor and a grace period oblige the contractor to pay damages in accordance with the statutory provisions for demonstrable damage.

  6. The order is deemed fulfilled upon handover of the work.

  7. The transfer of the work takes place upon receipt of the fee or upon completion of the manuscript.

 

11.Fee Claim and Payment Terms:

  1. The client is obliged to pay in advance.

  2. For the provision of a service, the contractor is entitled to payment of a reasonable fee from the client.

  3. The total fee consists of the following factors:

    • Working hours (searching for materials, creating the graphics, etc.)

    • Material procurement

    • Copyright and usage rights

    • Outsourcing (services of a third party)

  4. Invoices issued by the contractor must be paid in full within the specified payment period.

  5. The client is not entitled to withhold payments due to warranty claims or complaints.

  6. Minor changes (e.g., adding another element or repositioning elements) to the already issued premade covers can be made with a surcharge of 10% of the base amount. This does not apply to text and simpler color changes; these are always included in the price.

 

12.Follow-up Covers:

  • The client has the following options for follow-up covers:

  1. Same design with color and font changes: The client receives a 20% discount.

  2. Same background with new elements and colors: The client receives a 10% discount.

  3. A new design: The client receives a 10% discount.

 

13.Thank You:

  • As a thank you for the purchase, the client is offered the following products for free:

  1. The cover background for social media postings. (Depending on the complexity of the design, this may be the entire background or the background of the blurb.)

  2. Simple format adjustment for Facebook cover photo. e.g., text overlay on the background.

  3. Format adjustment of the spine for bookmarks. (Not to be confused with format adjustment of the front cover. This option remains chargeable.) The back of the bookmark contains the blurb and, if applicable, a QR code to the book.

 

14.Reservations:

  • Reservations are free for 48 hours. Beyond that, a deposit of 10% of the base amount must be paid.

 

15.Value Added Tax (VAT):

  • No value-added tax is levied on services rendered.

 

16.Liability and Warranty:

  1. The contractor is obliged to execute orders conscientiously. The interests of the client are to be safeguarded.

  2. Errors made by the contractor are corrected free of charge within the scope of the warranty. The contractor is only liable within the statutory provisions if intent/gross negligence is proven.

  3. The contractor is not liable for print quality. The graphics created by the contractor are created in the CMYK and RGB color spaces with the required and desired resolution.

  4. Any change requests made after acceptance of the delivered service are considered a new order. These are only carried out with the contractor's consent and appropriate remuneration. Minor changes such as color changes are granted free of charge.

  5. The client, on the other hand, is liable if necessary documents or information for the order are not provided to enable the fulfillment of the order in due time.

  6. Compensation can be claimed by the client demonstrably up to three months after receipt of the service.

  7. The client is entitled to a reduction in the fee if defects cannot be rectified after improvement attempts.

 

17.Applicable Law:

  • Swiss law applies to the order and its claims. The court at the contractor's headquarters is competent for disputes.

 

18.Validity:

  • If one of the above terms and conditions is invalid, this does not affect the validity of the terms and conditions beyond that. The legally invalid clause is replaced by the clause that comes closest to the invalid one legally and economically.

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